System to deter external climbing of open stairs

ABSTRACT

The present invention provides a guard which is a surface that is adapted for mounting over the open end of the tread of a step of an open stairway such that when associated with a stairway: the exposed area of the OTEP is reduced. The present invention further provides for a retention means to maintain stable association of the guard with the stairway. The present invention further comprises kits comprising one or more guards, one or more retention means and instructions for use.

CROSS REFERENCE TO OTHER APPLICATIONS

This application is a continuation-in-part of and claims the benefitpursuant to 35 U.S.C. 120 of U.S. patent application Ser. No. 14/719,268filed May 21, 2015 which is related to and claims the benefit pursuantto 35 U.S.C. 119 of U.S. Provisional Patent Application Ser. No.61/997,076 filed May 21, 2014, U.S. Provisional Patent Application Ser.No. 62/071,820 filed Oct. 3, 2014, and U.S. Provisional PatentApplication Ser. No. 62/151,351 filed Apr. 22, 2015.

BACKGROUND OF THE INVENTION

Many homes provide open stairways, i.e. a stairway configuration whereat least one side of the stairway does not terminate at a wall. It iswell known that children will climb the outside of such open stairways,generally by standing on the area of the tread that protrudes beyondand/or between the balusters and climbing these surfaces, in some casesholding on to the balustrade.

The risk of injury or death arising from this activity is significant.While there are many devices available to prevent human beings andanimals from the unwanted climbing of stairways (e.g. security gatesthat block access to the central portion of the stairway between thebalustrade(s) and/or wall(s) or walkline of the stairway) none of thesedevices prevent children from climbing the outside of open stairways.The present invention addresses this need.

SUMMARY OF THE INVENTION

The present invention provides a guard that is adapted for mounting overthe open end(s) of the tread(s) of a step(s) of an open stairway. Whenaffixed to said stairway, said guard substantially reduces the exposedsurface of the open end(s) of the tread(s) of a step(s) of an openstairway. In one embodiment, the guard is affixed to the stairway suchthat: (a) the lower portion of the guard is in contact with the outeredge(s) of the tread(s) and (b) the upper portion of the guard contactsat least one baluster, and (c) the exposed area of the OTEP is reduced.The present invention further provides for a retention means to maintainstable association of the guard with the stairway. The invention furtherprovides a method of preventing the external climbing of open stairwaysby a human being or animal through the use of a guard that substantiallyreduces the exposed surface of the open end(s) of the tread(s) of astep(s) of an open stairway. The present invention further compriseskits comprising one or more guards, one or more retention means andinstructions for use.

BRIEF DESCRIPTION OF THE FIGURES

FIG. 1 is a front perspective view of one embodiment of a guard of thepresent invention in association with an open stairway.

FIG. 2 provides a perspective view of a guard in association with a stepof a typical open stairway in a manner contemplated by the presentinvention.

FIG. 3 provides a cross sectional view of one embodiment of theinvention where the guard is configured as a flat planar surface with afastener pivotally attached to the inner surface of the guard retainedby a spreader bar and nut.

FIG. 4 provides an illustration of one embodiment of the inventionwherein the guard wraps around the leading edge of the tread.

FIG. 5 provides a perspective view of the inner surface of oneembodiment of a guard of the present invention wherein the guardcomprises an upper portion and a lower portion associated by a hinge.

FIG. 6 provides an illustration of one embodiment of the presentinvention illustrating a retention means employing a fastener with asemi-cylindrical portion to engage a semi-cylindrical track elementprovided on the inner surface of the guard.

FIG. 7 provides a perspective view of the inner surface of oneembodiment of a guard of the present invention and a retention means.

FIG. 8 provides an external view of one embodiment of the inventionwhere the guard is associated with multiple steps of a stairway, saidguard having an upper portion attached via a hinge to a lower portion.

FIG. 9 provides a perspective view of one embodiment of the inventionwhere the guard, in reference to the plane of the balusters, possesses avertical upper portion, outwardly angled second portion, a substantiallyvertical third portion and inwardly angled lower portion that covers theOTEP region of multiple steps. The guard is secured to the balustradethrough the use of a spreader bar that contacts the inner surface(s) ofone or more balusters, with multiple threaded fasteners and nuts, saidthreaded fasteners passing through corresponding apertures in the guard,the spaces between the balusters and apertures in the spreader bar suchthat when these fasteners are tightened, the guard is secured to thestairway balustrade.

FIG. 10 is a perspective view of one embodiment of the invention wherethe guard, having convex and concave curved surfaces, is configured tocover the OTEP region of multiple steps and is secured to the balustradethrough the use of a spreader bar further comprising an inner and outergaskets that are inserted between the spreader bar and the upper portionof the guard that contacts the outer surface(s) of one or morebalusters. As illustrated, the components are secured in place on thestairway through the use of multiple threaded fasteners and nuts, saidthreaded fasteners passing through corresponding apertures in the guard,spreader bar, inner and outer gaskets and the spaces between thebalusters such that when the fasteners are tightened, the guard, gasketsand spreader bar are secured to the stairway.

FIG. 11 is a perspective view of the vertical drape.

FIG. 12 is a perspective view of an embodiment of invention comprising aguard and vertical drape and means for securing the drape and guard tothe stairway.

FIG. 13 is a cross section view of an embodiment of the inventioncomprising a guard and vertical drape and means for securing the drapeand guard to the stairway illustrating the positioning of the componentsin relation to the stairway elements.

FIG. 14 is a perspective exploded view of a handrail guard and retentionmeans illustrated in relation to the handrail and balusters.

FIG. 15 provides an upper perspective view of a guard with a pluralityfastener apertures near its upper edge to facilitate attachment to thebalustrade of the stairway, said guard incorporating a corrugatedcentral region extending from the top edge to the bottom edge of theguard flanked at either end by the terminal regions of the guard oflesser flexibility.

FIG. 16 provides an upper perspective view of a guard with a pluralityfastener apertures near its upper edge to facilitate attachment to thebalustrade of the stairway, said guard incorporating a substantiallyrigid central region flanked by corrugated zones and terminal regions ofthe guard of lesser flexibility.

DETAILED DESCRIPTION

Detailed embodiments of the present invention are disclosed herein.However, it is to be understood that the disclosed embodiments aremerely illustrative of the invention, which may be embodied in variousforms. In addition, each of the examples given in connection with thevarious embodiments of the invention are intended to be illustrative,and not restrictive. Further, the figures are not necessarily to scale,some features may be exaggerated to show details of particularcomponents. Therefore, specific structural and functional detailsdisclosed herein are not to be interpreted as limiting, but merely as arepresentative basis for teaching one skilled in the art to variouslyemploy the present invention. Furthermore, any section headings aremerely for convenience of the reader and not intended to provide alimitation on the scope of the disclosure with respect to any feature ofutility of the present invention.

The present invention provides an apparatus for association with an openstairway to reduce the exposed surface of the OTEP of at least one treadof one step of said open stairway, said apparatus comprising a guard formounting over the open end of at least one tread of a step of said openstairway and a retention means to maintain said guard in stableassociation with said open stairway. The present invention also providesan apparatus for association with an open stairway to reduce the exposedsurface of the OTEP of at least one tread of one step of said openstairway, said apparatus comprising a guard for mounting over the openend of at least one tread of a step of said open stairway and aretention means to maintain said guard in stable association with saidopen stairway wherein the guard reduces the exposed surface of the OTEPof one tread. The present invention also provides an apparatus forassociation with an open stairway to reduce the exposed surface of theOTEP of at least one tread of one step of said open stairway, saidapparatus comprising a guard for mounting over the open end of at leastone tread of a step of said open stairway and a retention means tomaintain said guard in stable association with said open stairwaywherein the guard reduces the exposed surface of the OTEP of 2 or moretreads of an open stairway. The present invention also provides anapparatus for association with an open stairway to reduce the exposedsurface of the OTEP of at least one tread of one step of said openstairway, said apparatus comprising a guard for mounting over the openend of at least one tread of a step of said open stairway and aretention means to maintain said guard in stable association with saidopen stairway reduces the exposed surface of the OTEP of 3 or moretreads of an open stairway. The present invention also provides anapparatus for association with an open stairway to reduce the exposedsurface of the OTEP of at least one tread of one step of said openstairway, said apparatus comprising a guard for mounting over the openend of at least one tread of a step of said open stairway and aretention means to maintain said guard in stable association with saidopen stairway wherein said retention means is selected from the groupconsisting of fasteners, adhesives, cable ties, elastic materials,Christmas tree fasteners, hook and loop fasteners, and spreader bars.The present invention further provides an apparatus for association withan open stairway to reduce the exposed surface of the OTEP of at leastone tread of one step of said open stairway, said apparatus comprising aguard for mounting over the open end of at least one tread of a step ofsaid open stairway and a retention means to maintain said guard instable association with said open stairway and a vertical drape and aretention means for said vertical drape to maintain said drape in stableassociation with said open stairway. The present invention also providesan apparatus for association with an open stairway to reduce the exposedsurface of the OTEP of at least one tread of one step of said openstairway, said apparatus comprising a guard for mounting over the openend of at least one tread of a step of said open stairway and aretention means to maintain said guard in stable association with saidopen stairway, a vertical drape and a retention means for said verticaldrape to maintain said drape in stable association with said openstairway, and a handrail guard and retention means to maintain saidhandrail guard in stable association with said open stairway. Thepresent invention also provides an apparatus for association with anopen stairway to reduce the exposed surface of the OTEP of at least onetread of one step of said open stairway, said apparatus comprising aguard for mounting over the open end of at least one tread of a step ofsaid open stairway and a retention means to maintain said guard instable association with said open stairway and an alarm system thatprovides an audible signal when pressure is applied to said guard, saidalarm system comprising an audible signal generator in electricalcommunication with a pressure sensitive switch and a power supply.

The present invention also provides a kit of parts comprising at leastone guard for mounting over the open end of at least one tread of a stepof said open stairway, a retention means to maintain the guard in stableassociation with said open stairway, and instructions for use. Thepresent invention also provides a kit of parts comprising at least oneguard for mounting over the open end of at least one tread of a step ofsaid open stairway, a retention means to maintain the guard in stableassociation with said open stairway, a drape and retention means forsaid drape to maintain said drape in stable association with said openstairway, and instructions for use. The present invention also providesa kit of parts comprising at least one guard for mounting over the openend of at least one tread of a step of said open stairway, a retentionmeans to maintain the guard in stable association with said openstairway, a drape and retention means for said drape to maintain thedrape in stable association with the open stairway, a handrail guard andretention means for said handrail guard to maintain the handrail guardin stable association with said open stairway, and instructions for use.The present invention provides a kit of parts comprising at least oneguard for mounting over the open end of at least one tread of a step ofsaid open stairway, a retention means to maintain the guard in stableassociation with said open stairway, a stairway gate, and instructionsfor use.

The present invention further provides a method of deterring orpreventing the external climbing of an open stairways by human being oranimal said method comprising fitting said open stairway with anapparatus comprising a guard for mounting over the open end of at leastone tread of a step of said open stairway and a retention means tomaintain the guard in stable association with said open stairway suchthat the exposed surface of the OTEP is reduced. The present inventionprovides a method of preventing the external climbing of an openstairways by a human being or animal said method comprising fitting saidopen stairway with an apparatus comprising a guard for mounting over theopen end of at least one tread of a step of said open stairway and aretention means to maintain the guard in stable association with saidopen stairway such that the exposed surface of the OTEP is reduced and avertical drape that is fitted to the outer surface of the balustrade andextends upward from the upper edge of said guard to a point below thehandrail. The present invention further provides a method of deterringor preventing the external climbing of an open stairways by a humanbeing or animal said method comprising fitting said open stairway withan apparatus comprising a guard for mounting over the open end of atleast one tread of a step of said open stairway and a retention means tomaintain the guard in stable association with said open stairway suchthat the exposed surface of the OTEP is reduced and a vertical drapethat is fitted to the outer surface of the balustrade and extends upwardfrom the upper edge of said guard to a point below the handrail and ahandrail guard.

Definitions

The following terms are used in the description of the presentinvention:

The term “step” as used herein is composed of a tread and a riser.

The term “stairway” as used herein means a series of more than one step.As a matter of convention, the number of stairs in a stairway ismeasured by the number of risers, not treads. A straight stairway is astairway that proceeds in a straight line when viewed from thecenterline of the stairway and the surface of the treads aresubstantially rectangular in shape. A curved stairway is a stairway inwhich the treads are winders. A circular stairway is an example of acurved stairway.

The term “tread” as used herein refers to the portion of the stairwaythat is stepped on. The “tread depth” is measured from the leading edgeof the tread to the riser in the direction of the stairway. In the eventthat the stairway does not provide a riser element between each stair,the tread depth is the distance from the leading edge to the trailingedge of each tread. The “tread width” is the distance measured from oneside to another including any portion that extends beyond the balusters.Sometimes the exposed portion of the tread in an open stairway is fittedwith a decorative trim piece of approximately the same cross-section asthe tread (e.g., to cover the exposed end-grain of the wood of thetread) and the term tread as used herein includes any such decorativetrim piece.

The terms “rise” and “rise height” are used interchangeably herein torefer to the distance between the top of one tread to the top of nexthigher tread in the stairway.

The terms “riser” or “riser board” are used interchangeably herein torefer to the vertical element between each tread in a stairway. Incertain instances, a stairway may not provide a riser element leaving anopen space between each tread.

The term “nosing” as used herein refers to the portion of the leadingedge of the tread that protrudes beyond riser of the step below. Somestairways are constructed such that the leading edge of the tread isflush with the riser and such does not provide a nosing.

The term “starting step” as used herein refers to a step in a stairwaythat begins at the floor and ends at the first tread.

The term “stringer” as used herein refers to the structural member thatsupports the treads and risers.

The term “winders” is used in its conventional sense to refer to stepswhere the depth of the tread is unequal across the width of the tread.Winders are used to change the direction of stairs without landings and,when employed in a series, form circular stairways.

The term “balustrade” as used herein refers to the system of railingsand balusters. The inner surface of the balustrade refers to thesurface(s) of the balustrade that face the walkline of the stairway, inother words, the typical path of a person walking up or down the stairsin normal use. The outer surface of the balustrade refers to surface(s)of the elements of the balustrade opposite to the inner surface of thebalustrade, i.e. that face away from the portion of the stairway that istypically walked on in normal use.

The term “baluster” as used herein refers to a vertical element of thebalustrade that extends upward from the tread and supports the handrail.By convention when two or more balusters are used with respect to asingle tread, the first baluster is the one closer to the edge of thetread. Additional balusters on the same tread are referred to as the“second baluster”, “third baluster” and so forth. Typically, the secondor additional balusters on a given step are taller than the firstbaluster given the angled nature of the handrail. However, somestairways provide a “baserail” or “shoerail” that is presented at anangle substantially the same as the handrail. When a baserail orshoerail is present, the lower end of the balusters terminate at thisstructure. The present invention is useful when a baserail or shoerailis employed as it prevents the insertion of a foot into the triangularshaped area formed by the baserail, riser and tread.

The term “Open Tread End Protrusion” or “OTEP” when used herein refersto the portion of the tread extending from the outer surface of thebalusters to the open end of the tread. In connection with straightstairs, the horizontal dimensions of the OTEP is measured from the outersurface of the balusters to the open end of the tread. On curved stairs,the horizontal dimension of the OTEP is the perpendicular distancebetween the midpoint of a line drawn between the centerline of the firstand second baluster on a given tread and the open end of the tread. Ineither situation, the exposed tread of the open stair may extend in thedirection of the stairway beyond the riser providing to a protrusionbeyond the riser and outside of the external stringer and the term OTEPincludes this exposed portion as well.

Guard:

The present invention provides a guard that is adapted for mounting overthe open end of the tread of a step of an open stairway such that whenthe guard is associated with the stairway, the guard substantiallyreduces the exposed flat surface of the OTEP from the outside of thestairway. In one embodiment, the lower portion of the guard is incontact with the outer edge of one or more treads and the upper portionof the guard contacts at least one baluster. By the term “substantiallyreduces the exposed surface of the OTEP”, it is understood that, whenthe guard is mounted in position, the exposed surface area of the OTEPavailable from the outside of the stairway is reduced by about 50% ormore, 70% or more, 80% or more, 90% or more, 95% or more, or 100%. Theupper edge of the guard may extend vertically to the handrail.

In general, it is desirable to have the external surface of the guard beas vertical as practicable to minimize traction on the guard surface. Ina single stair configuration, the angle of the external surface of theguard relative to the plane of the tread is generally configured to beis generally greater than about 30 degrees, optionally greater thanabout 40 degrees, optionally greater than about 45 degrees, optionallygreater than about 50 degrees, optionally greater than about 55 degrees,or optionally greater than about 60 degrees from the plane of the tread.The greater such angle, the steeper the exterior surface of the guard.The steeper the exterior surface of the guard, the lower the tractionpotential on the external surface of the guard. When the guard isconfigured to cover multiple OTEPs, the angle of the external surface ofthe guard is measured with respect to the plane defined by the leadingedges of the steps, the angle of the external surface being generallyconfigured to be is generally greater than about 30 degrees, optionallygreater than about 40 degrees, optionally greater than about 45 degrees,optionally greater than about 50 degrees, optionally greater than about55 degrees, or optionally greater than about 60 degrees from the planedefined by the leading edges of the steps. When the external surface ofthe guard is curved, the angle referred to is the angle of a chorddefined by the extents of the curved portion of the guard. The loweredge of the guard may terminate at the surface of the tread at a pointat or near the external edge of the tread or may extend downward beyondthe upper edge of the tread.

The guard may be of generally any cross section that effectively coversthe flat area of the OTEP and reduces the exposed area of the OTEP. Thesurface may be flat, concave, convex, or a combination thereof. Ingeneral, the outer surface of the guard should be formed so as tominimize the creation of a horizontal surface that could be used as astep, especially considering the size of feet of a child.

As a matter of convention when describing the present invention, the“outer” surface of the guard is the surface that is exposed and facesaway from the elements of the stairway. Conversely, the “inner” surfaceof the guard is the surface that faces toward the elements of thestairway. The “upper” portion or edge of the guard being the portionthat is in the upper position and generally in contact with thebalustrade when the guard is fitted into position on the OTEP of astair. Conversely, the “lower” portion or lower edge is the portion ofthe guard being in the lower position (and generally in contact with thetread) when the guard is fitted into position on the OTEP of a stair.

In one embodiment of the invention, the guard is configured to limitaccess to the OTEP region of a single tread. In an alternativeembodiment of the invention, a guard is configured to limit access tothe OTEP region of multiple steps in a stairway.

One embodiment of the guard (100) of the present invention isillustrated in FIG. 1 of the attached drawings showing the guard (100)in association with an open stairway (101) in a manner contemplated bythe present invention such that the exposed surface of the OTEP issubstantially reduced. The stairway (101) comprises at least one step,each step comprising a tread (102), a riser (103), and one or morebalusters (104).

It will be understood by the skilled artisan that the present inventionmay be readily adapted to a variety of stairway configurations. However,given that current design and conventionally accepted dimensions for theconstruction of stairways are well established, a single design may beprovided that is useful in a variety of situations. Industry standardguidelines for the construction of stairways are published by theStairway Manufacturer's Association (657 Quarry Street, Fall River,Mass. USA, www.stairways.org). Additionally the International CodeCouncil (“ICC”) publishes standards for the construction of stairwaysembodied in documents such as the “2009 International Residential Codefor One-and Two-Family Dwellings and 2009 International Building Code,(International Code Council, Inc., Washington, D.C., www.iccsafe.org).The following are generally accepted design criteria for theconstruction of residential stairways:

-   -   (a) in the event that a shoerail or baserail is used to anchor        the lower portion of the balusters, the triangular area formed        by the riser, the tread and the bottom of the shoerail or        baserail will not permit the passage of a 6″ (15.2 cm) sphere;    -   (b) the conventional minimum tread depth (excluding nosing) is 9        inches for private residences;    -   (c) the conventional maximum acceptable nosing protrusion is        1.25 inches (32 mm) to prevent tripping;    -   (d) the conventional height of the handrail measured from the        nose of the tread is between 34 and 38 inches (864 and 965 mm);        and    -   (e) the conventional minimum height of the handrail for landings        is typically 36 inches (914 mm).        These conventionally accepted design criteria will assist the        skilled artisan in the design of guard systems of the present        invention.

The inner surface of the guard may provide one or more structures thatinhibit the motion of the guard once mounted in place on the stairway.For example, the lower portion of the guard may also provide a structureon its internal surface that contacts the upper surface of the tread andinhibits downward movement of the guard relative to the tread in theevent that downward force is applied to the guard once mounted in place.Such a structure inhibits dislodging of the guard and the consequentexposure of the OTEP when downward force is applied to the guard.Similarly, the guard may also provide a structure on its internalsurface that contacts the lower surface of the tread inhibiting upwardmovement of the guard relative to the tread in the event that an upwardforce is applied to the guard. Such a structure inhibits dislodging theguard and consequent exposure of the OTEP when upward force is appliedto guard.

The guard may also provide a curved or V-shaped structure on itsinternal surface that interacts with the end of the tread inhibitingboth the upward movement of the guard relative to the tread (in theevent that an upward force is applied to the guard) and inhibitingmovement of the guard relative to the tread (in the event that adownward force is applied to the guard). Such curved or V-shapedstructure inhibits movement the guard and consequent exposure of theOTEP when upward or downward force is applied to guard.

The guard may also be formed so as to provide a groove that extendsabove and below the centerline of the tread when the guard is associatedwith the stairway effectively “gripping” the end of the tread andpreventing the guard from being pushed up or pulled down and exposingthe OTEP.

The upper surface of the guard may also incorporate structural featuresthat are commonly employed to discourage contact with human skin such asa pointed structures. Since present invention is used to deter childrenclimbing the outside of stairways, such structural features should beincorporated in a manner so as to discourage a child from stepping onthe upper edge of the guard but without inflicting any bodily injury.

In one embodiment of the invention, a plurality of guards of the presentinvention will be affixed to the lower steps of a stairway. In analternative embodiment, as illustrated in FIG. 8 of the accompanyingdrawings, a single guard may be affixed over a plurality of stair endslimiting the access to the OTEP regions of multiple stairs with a singleguard. The number of guards to be installed will be apparent to theskilled artisan based on factors such as the size of the individual tobe deterred and the rise of each step.

In some instances, the at least a portion of the open stairway iscurved. Such curved stairways comprise one or more winders and aregenerally associated with a curved balustrade. As previously described,the apparatus of the present invention may be used with curved stairwayseither through the use of multiple guards or through the use of flexibleguards that enable the guard to conform to curved stairways. The guardmay be constructed to provide flexibility along its length orflexibility can be achieved through the incorporation of flexibleregions in the guard.

In one embodiment, the selection of the guard material and itsdimensions may be adapted to provide flexibility, particularly along itslongitudinal axis, to facilitate conformation to curved stairways andthe curved balustrades generally associated with curved stairways.Enhanced flexibility of the guard material may be achieved through theuse of flexible materials for construction of the guard. Enhancedflexibility may be achieved in more rigid materials by incorporatingstructural features such as grooves, furrows, kerfs or corrugations inthe material to facilitate bending. In general, such grooves, furrows,kerfs or corrugations are incorporated in the material substantiallyperpendicular to the desired direction of the curvature of the material.In one embodiment, the entire guard may be formed of such corrugatedcross section, the corrugations generally extending from the top edge tothe bottom edge of the guard.

Guards having enhanced flexibility for use with curved stairways may beformed by constructing the guard with regions of greater and lesserflexibility. Such flexible and non-flexible zones may be achieved byconstructing a guard of a single material which is formed to provideregions of enhanced flexibility as previously described by varying thethickness of the material, or incorporating structural features such asgrooves, furrows, kerfs or corrugations in the material to enhanceflexibility. In one embodiment, flexibility of the guard may be achievedand/or enhanced by the incorporation of one or more regions having acorrugated cross section, the corrugations generally extending from thetop edge of the guard to the bottom edge of the guard. The termcorrugated, is used in its conventional sense to refer to a materialhaving alternating ridges and furrows. In another embodiment, the guardis configured to incorporate one or more corrugated and/ornon-corrugated zones. The particular conformations of such corrugationswould be readily understood by the skilled artisan taking intoconsideration the guard material, the thickness of the guard material,the dimensions of the guard, the degree of flexibility desired, andother structural considerations apparent to one of skill in the art.

Alternatively, guards for use with curved stairways may be constructedthrough a combination of materials having greater and lesser flexibilityjoined together in a segmented fashion. For example one or more segmentsof the guard may be constructed of a flexible material (e.g., vinyl orrubber) with one or more other segments of the guard constructed of astiffer material (e.g., polycarbonate, ABS, etc.). The selection ofmaterials and their dimensions to achieve regions of greater and lesserflexibility would be apparent to one of skill in the art.

One embodiment of a guard providing enhanced flexibility useful inassociation with curved stairways is a guard formed of a single materialhaving a central corrugated region as illustrated in FIG. 15 of theattached drawings. FIG. 15 provides an upper perspective view of a guard(100), said guard providing a plurality of fastener apertures (180)along its upper edge to facilitate mounting to the balustrade of thestairway, incorporating a corrugated central region (130) extending fromthe top edge to the bottom edge of the guard, said corrugated centralregion (130) flanked at either end by the terminal regions of the guard(140 and 141) of lesser flexibility. The incorporation of theaccordion-like corrugated central region of the guard provides enhancedflexibility along the longitudinal axis of the guard to facilitate closeassociation with curved stairways while the more rigid end regionsresist deformation and facilitate shielding of the OTEP of the loweststep from stairway from access and typically enhances stable associationbetween the guard and the stairway. As illustrated, the guard istypically substantially symmetrical about its transverse centerline tofacilitate adaptation of a single design to the stairways where eitheror both sides of the stairway are open thereby avoiding the necessity toproduce a “left-handed” and “right-handed” guard design for eachsituation.

Similarly, another embodiment of a guard formed of a single materialproviding enhanced flexibility incorporating multiple corrugatedsegments interposed with more rigid sections is provided in FIG. 16 ofthe attached drawings. In reference to FIG. 16, the guard (100), whichprovides a plurality of fastener apertures (180) along its upper edge tofacilitate mounting to the balustrade of the stairway, incorporates asubstantially rigid central region (142) flanked by corrugated zones(130 and 131) and terminal regions of the guard (140 and 141) of lesserflexibility. Each accordion-like corrugated segment (140 and/or 141) ofthe guard provides enhanced flexibility of the guard along thelongitudinal axis of the guard to facilitate close association withcurved stairways.

Retention Means:

The invention further provides for a retention means to facilitatestable association of the elements of the apparatus including the guard,drape, and/or handrail guard with the stairway. A variety of mountingsystems may be employed to provide stable association of one or moreelements of the apparatus with the stairway. Means for stableassociation include conventional retention means such as adhesives,screws or nails. However, this apparatus is designed for facileremovable association with the stairway and minimizes damage to thecomponents of the stairway.

One embodiment of a removable mounting system employs cable ties. Cableties are provided in a variety of configurations. The most commonconfiguration of a cable tie employs a nylon tape with a gear rack andan interlocking ratchet mechanism, the ratchet mechanism interactingwith the gear rack in a unidirectional fashion to provide a lockingeffect. Alternative embodiments of cable ties useful in the practice ofthe present invention include cable ties employing a hook-and-loop (e.g.Velcro) securing system. Cable ties, both single use and removable, arecommercially available in a wide variety of configurations from manysuppliers such as U-Line, 12575 U-Line Drive, Pleasant Prairie, Wis.53158. When employing a cable tie retention system, the guard may beprovided with one or more holes or perforated tabs on its interior faceto facilitate attachment of the cable tie to the guard. The cable tie(s)may be then passed through the perforations in the guard (either throughthe guard itself or a perforated tab(s) extending from the interior faceof the guard). Similarly, any of a variety of elastic materials such assprings, elastic cording, bungee cords, shock cord, or other elasticmaterials may be employed to facilitate stable association of the guardwith the balustrade of the stairway.

In one embodiment of the invention, stable association of the guard withthe stairway may be achieved by a fastener extending perpendicularlyfrom the interior surface of the guard to an elongated spreader bar,said spreader bar spanning the distance between two or more balusters asillustrated in FIG. 2 of the attached drawings. In such configuration,the fastener may be a conventional threaded fastener such as a threadedrod, bolt, or screw, such that the spreader bar is secured against thebalusters using a corresponding threaded nut or equivalent. To preventchildren from accessing the retention means and removing the guardsystem, it is preferable that the fastener (generally a nut) is recessedinto the body of the spreader bar to inhibit loosening of the fastenerwithout appropriate tools. The dimensions of the spreader bar are notconfined to any particular dimension but will be defined by theparticular stairway to which the apparatus is to be affixed. However,some general dimensional considerations are provided by the ICCstandards for the construction of stairways that may be considered. TheICC specifies that the distance between adjacent balusters may not be sogreat as to permit the passage of a 4″ (10.2 cm) diameter sphere betweenthe adjacent balusters. Additionally, the ICC provides that the minimumtread depth for residences is 9″ with a maximum of 1.5 inch (32 mm)nosing protrusion. Consequently the spreader bar when employed withrespect to a guard fitted on an individual stair will generally begreater than about 4 inches (102 mm), typically approximately about 6inches (156 mm) but less than about 8 inches (204 mm). In thosesituations where the guard is configured to cover the OTEP regions ofmultiple stairs (FIG. 8) the spreader bar may be elongated commensuratewith the dimensions of the multi-step guard and provide for multipleattachment points for fasteners (see, e.g. FIG. 7). The dimensions ofthe guard assembly may be readily customized by the skilled artisan tosecure the guard in particular applications that are not constructed inadherence to conventional building standards. When attaching the guardto a curved stairway using the spreader bar system, the spreader barsmay also be configured to provide enhanced flexibility to conform to thebalustrade through the use of flexible materials or constructionincorporating structural features to provide enhanced flexibility of thespreader bar.

FIG. 2 is an illustration of one embodiment of the invention andillustrates the guard (100) with a retention means to maintain stableassociation between the guard (100) and the balusters (104) wherein theretention means comprises a spreader bar (201) positioned transverselyacross the balusters (104), a fastener (202) that is pivotally attachedto the inner surface of the guard, the guard providing two protrusions(203) receiving a pivot pin (204), and a nut (205) to maintain tensionin the fastener (202) and hold the spreader bar (201) in place. Theembodiment illustrated in this FIG. 2 also illustrates the presence of astructural element (206) protruding from the inner surface of the guard(100) that provides resistance to downward movement of the guard (100)when a downward force is applied.

In an alternative embodiment where a spreader bar is employed, in analternative to using a threaded fastener between the guard and thespreader bar, one or more elastic members may be employed to maintaintension between the guard and the spreader bar to retain the guard inposition on the stairway. The elastic member may be comprised of anyelastic material including but not limited to rubber bands, elasticcording, bungee cords, springs, and elastic webbing.

In order to facilitate the adaptability of the guard to stairconfigurations with different OTEP dimensions, particularly those havingvarying distances between the balusters and the end of the tread, thefastener may be pivotally attached to the inner surface of the guardsuch that the fastener may be positioned substantially parallel to thetread and perpendicular to the baluster(s) and spreader bar. The pivotalattachment of the fastener to the guard may be achieved throughconventional means. In one embodiment, the guard provides one or moreprotrusion from its interior surface to facilitate retention of a pivotpin, the fastener possessing a hole through which the pivot pin may passsuch that the fastener is pivotally attached to the interior surface ofthe guard, the threaded fastener (e.g. an eye-bolt) having an apertureat one end such that the pivot pin may pass through.

One embodiment of such a configuration is illustrated in FIG. 3 of theattached drawings which provides a cross-sectional view of the guard(100) in association with the stairway where the guard (100) of thepresent invention is configured as a flat planar surface with aretention means to maintain stable association between the guard (100)and the stairway (100) wherein the retention means comprises a spreaderbar (201) positioned transversely across the balusters (104), a threadedfastener (202) that is pivotally attached to the inner surface of theguard through the use of protrusions (203) and a pivot pin (204) passingthrough said protrusions (203) and an aperture in one end of thethreaded fastener (202), and a nut (205) to maintain tension in thefastener, a structural element (206) protruding from the inner surfaceof the guard provides resistance to downward movement of the guard (100)when a downward force is applied.

In one embodiment, the guard extends over the open end of the tread andaround the front corner of the tread and covers a portion of the exposedleading edge of the tread from the exposed end of the tread to the firstbaluster such that the cross-section of the guard in contact with thetread forms an “L” shape when viewed from above. An example of such aconfiguration of such is provided in FIG. 4 of the attached drawingswherein the guard (100) is illustrated in association with a stairway(101), comprising a tread (102), a riser (103) and baluster (104),wherein guard (100) is designed to wrap around the open end of the tread(102) that protrudes beyond the baluster (104) thereby minimizing theexposed OTEP.

In one embodiment of the invention, the guard may be formed of an upperand lower portion being hingedly attached. In such an embodiment of theinvention as illustrated in FIG. 5 of the accompanying drawings, theguard (100) is elongated having an upper portion (300) that isassociated via a hinge (500) with a lower portion (400). The lowerportion of the guard possesses a downward element (410) and a transverseelement (420). In general, the inner surface (411) of the downwardelement (410) and the under surface (422) of the transverse element(420) are disposed at approximately a right angle. When fitted to astairway, the inner surface of the lower portion (411) is in contactwith the outer edge of the tread and the lower surface of the transverseportion (422) is in contact with the upper leading edge of the tread.The upper surface (421) of the transverse element (420) is generallyexposed.

In one embodiment, as illustrated in FIG. 5, the hinge (500) is a“living” hinge, extending longitudinally defining an axis of rotation ofthe upper portion of the guard (300) relative to the lower portion ofthe guard (400). The living hinge may be formed integrally with theupper and lower portion of the guard. Such a configuration facilitatesthe production of the guard by conventional extruding techniquesenabling the facile production of guards of any desired length. As willbe appreciated by the skilled artisan, the upper portion of the guard(300) and the lower portion of the guard (400) may be formed of separatepieces which are movably attached by conventional hinge mechanismsincluding piano hinges (also referred to as continuous hinges), livinghinges, strap hinges, barrel hinges, fabric hinges, and the like. Thehinge components may be provided as separate elements attached to theupper portion of the guard (300) (said upper portion having an innersurface (301) and an outer surface (302)) and lower portion of the guard(400) or each element of the hinge may formed integral to the upperportion of the guard (300) and lower portion of the guard (400).

In one embodiment of the invention as illustrated in the FIGS. 5 and 7,the guard (100) provides an extended semi-cylindrical rail element (310)attached to the interior surface (301) by a structure (311). Thesemi-cylindrical rail element (310) accepts a plurality of trackfasteners (600) that slide along semi-cylindrical rail element (310) andbut when force is applied normal to the track fastener (600), thesemi-cylindrical portion (601) engages the rail (310) and providesstable association of the guard (100) with the stairway.

FIG. 6 provides an illustration of a track fastener (600), the trackfastener (600) providing a semi-cylindrical structure at one end (601)the inner surface of which (605) is closely fitting over the track (310)such that the fastener (600) and may be positioned at any point alongthe track (310) to facilitate association with various stairwayconfigurations. In addition, the semi-cylindrical structure (601)enables rotation of the upper portion of the guard (300) while enablingthe fastener (600) to be positioned substantially perpendicular to thebalustrade. As illustrated in FIG. 6, the fastener (600) comprises asemi-cylindrical structure (601) and extended shank portion (602) and aninsert fastener (603). The insert fasteners may be a “Christmas tree” or“fir-tree” style fasteners which are referred to as having differing“fin” types being a standard “X” type fins, ratcheting “R” type fins or“P type fins. Such fasteners are generally directionally biased andformed from nylon such that the fins deform with comparatively littleeffort when inserted into a suitable sized opening but are biased torequire substantially greater effort to remove in the oppositedirection. \

As illustrated in FIG. 7, track fastener (600), the details of which areshown in FIG. 6 but not in FIG. 7, when placed in association with theguard (100) the fastener (600) extends from the track element throughthe space between the balusters (not illustrated) and associates with aspreader bar (201), said spreader bar (201), here illustrated as havinga C-shaped cross section, having a plurality of apertures (220) throughwhich the fir-tree portion (603) extends, the fins (604) of the fir-treeportion (603) of the track fastener (600) engaging the spreader bar(201).

As illustrated in FIG. 7, the outer surface (703) of the spreader bar(201) is placed in contact with the balusters. Applying a drawing forceto protruding end (603) of the track fastener (600), the upper portion(300) of the guard (100) rotates about the hinge (500) relative to thelower portion (400) of the guard (100) and is drawn against the outersurface of the balusters and the providing a stable association betweenthe guard (100) and the stairway.

An alternative embodiment of the guard of the present invention isillustrated in FIG. 9 of the attached drawings. This embodiment providesa guard configured as a multistep guard, said guard having asubstantially vertical upper portion (171), an outwardly angled secondportion (172), a substantially vertical third portion (173) and inwardlyangled lower portion (174). The inwardly angled lower portion (174) isprovided to further deny access to OTEP from underneath as well asproviding additional structural stiffness to the guard (100). Thesubstantially vertical upper portion (171) provides a plurality offastener apertures (180). Securing of the guard (100) to the balustrademay be accomplished through a variety of retention means, one of whichillustrated in FIG. 9 involves the use of threaded fasteners (260) thatpass through the fastener apertures (180) of the guard (100) and throughthe fastener apertures (220) of spreader bars (201) as well as thespaces between the balusters (not shown), the fastener being securedwith a threaded nut (205), the tightening of which results in acompressive force being applied on the guard and spreader bar againstthe baluster resulting in high static friction between the guard (100)and stairway balustrade (not shown).

An alternative embodiment of the guard of the present invention isillustrated in FIG. 10 of the attached drawings. This embodimentprovides a guard (100) configured as a continuously curved surfacehaving an upper concave region and a lower convex region. The upperportion of the guard (100) provides a plurality of fastener apertures(180). The embodiment provided in FIG. 10 further illustrates the use ofgaskets (250) between the spreader bar and guard surfaces in contactwith the balusters (not shown). Similar to other configurationsdiscussed, securing of the guard (100) to the balustrade (not shown) maybe accomplished through a variety of means including the illustrated useof threaded fasteners (260) that pass through the fastener apertures(180) of the guard (100), the space between the balusters (not shown)and through the fastener apertures of a spreader bar (220), the threadedfasteners (260) being secured with a nuts (205), the tightening of whichresults in a compressive force being applied on the guard (100) andspreader bar (201) against the baluster (not shown) resulting in highstatic friction between the guard and balustrade.

Optionally, an elastomeric gasket may be employed that is orientedbetween the surface of the spreader bar and/or guard in contact with thebalustrade to enhance the static friction between the spreader barand/or guard and the balustrade. The elastomeric gasket also provides acushion between the surface of the spreader bar and/or guard whichminimizes potential damage to the balustrade through the fitment of theguard system. The elastomeric gasket will provide aperturescorresponding to the arrangement of fastener apertures provided in thespreader bar and the guard.

An illustration of one embodiment of such an elastomeric gasket isprovided in FIG. 10 of the attached drawings. FIG. 10 provides aperspective view of an apparatus of the present invention providing twoelastomeric gaskets (250), one positioned between an inner spreader bar(201) and the baluster (not shown) and another positioned between andthe guard (100) and the balusters (not shown). The elastomeric gasketmay be constructed from any of a variety of elastomeric materialsincluding but not limited to rubber, silicone, nitrile, closed cellfoams, ethylene-propylene-diene-monomer (EPDM), or other thermoplasticelastomers. In general the elastomeric material will possess a Young'smodulus of less than approximately 0.5 GPa, preferably less than about0.2 GPa, less than about 0.1 GPa.

Drape

Children who climb the outsides of the stairways frequently use thebalusters as hand holds to assist climbing. To address this problem, theinvention provides an apparatus comprising a guard and vertical drape.The vertical drape extends vertically from the guard and covers aportion of the balusters denying a child from gaining a handhold on thebalusters. The vertical drape may be formed of rigid or flexiblematerials such as fabrics.

One embodiment of the drape (800) is illustrated in FIG. 11 of theattached drawings. As illustrated, the drape (800) is a substantiallytrapezoidal shaped fabric having left (801) and right (802) paralleledges of the trapezoid forming the vertical sides of the trapezoid andupper (803) and lower (804) edges. As illustrated in FIG. 11, the drape(800) comprises a central panel (810) and reinforced upper (811) andlower (812) edges, each of which provide a plurality of fastenerapertures (820).

It is desirable to maintain tautness in the fabric material of the drapeto reduce the potential of a child from distorting the material around abaluster and obtaining a grip thereon. The drape (800) is secured at itsupper (803) and lower edges (804) to maintain tautness in the material.The drape (800) may be anchored at its lower edge by the same fastenersthat secure the guard to the balustrade, said fasteners passing throughfastener apertures (820) provided in the drape near the lower edge ofthe vertical drape. The fastener apertures in the drape may be providedin the drape material itself. Alternatively, due to the stresses on thefabric, the fastener apertures may be provided in a reinforced fabricpanel and/or may employ grommets to minimize damage to the fabricitself. The orientation of the fastener apertures (820) is generallyprovided to match the fastener apertures of the guard (not shown) andspreader bar (not shown) if so employed.

In an alternative embodiment, the upper portion of the vertical drapemay be secured to the balustrade by a variety of means. For example, thevertical drape may be secured near (or against) the lower surface of thehandrail by multiple ties or straps that extend around the handrail andare tied or fastened together. In one embodiment, the upper edge of thevertical drape is secured to the handrail by straps employinghook-and-loop fasteners. The ties or straps may be secured to thesurface of the drape or may pass through apertures provided near theupper edge of the vertical drape.

In one embodiment as illustrated in FIG. 12, the upper reinforcing panel(811) of the drape (800) may also be secured to the stairway through theuse of two spreader bars (201) an inner spreader bar oriented to contactagainst the inside of the balusters and a second outer spreader bar, andfasteners (260) In this configuration, the upper reinforcing panel ofthe vertical drape (811) provides a series of apertures (820) enablingthe passage of fasteners that are anchored against a spreader bar (201).When the fasteners (260) are tightened, the spreader bars (201) aredrawn together compressing the drape (800) against the balustrade (notshown) creating a high static friction securing the upper extent of thedrape in position on the balustrade. The apparatus may further compriseelastomeric gaskets disposed between the surfaces of the apparatus incontact with the balustrade to further enhance positioning and minimizedamage.

A further cross-sectional illustration of a typical configuration of theembodiment of the invention employing a guard and drape in associationwith a step of a stairway is provided in FIG. 13. As illustrated thedrape (800) is provided in a vertical orientation on the outside of thebalusters (104) secured at is upper extent near the handrail (110) bythreaded fasteners (260) passing through apertures (not shown) in thedrape (800) between the balusters (104) through apertures (not shown) inthe spreader bar (201) and secured with a nut (205). Similarly, in thisembodiment, the lower extent of the drape is secured by threadedfasteners (260) passing through apertures (not shown) in the guard (100)between the balusters (104) through apertures (not shown) in thespreader bar (201) and secured with a nut (205). As illustrated, theguard (100) extends over the end of the tread (103) and restricts accessto the OTEP region of the tread.

Since the rise and run of stairways vary somewhat as does the height ofthe balusters/handrail, it is desirable to enable the drape to adapt tosuch variations while maintaining tautness in the fabric. As it isdesirable to maintain the drape in a substantially vertical orientation,the drape may be constructed so as to adjust for such variances eitherby employing a stretchable fabric for the drape and/or employingstretchable fabric panels within the fabric drape to enable the drape toadapt to stairway and balustrade variances while remaining in asubstantially vertical orientation. To accommodate larger variations inhandrail height not compensable by employing stretch fabrics or stretchfabric panels, the vertical drape may provide rows of apertures in theupper and/or lower extent of the vertical drape, said rows of aperturesbeing parallel to the upper and/or lower edges, respectively, of thedrape, to facilitate vertical adjustment.

The vertical drape may be constructed of a fabric material. The term“fabric” as used herein refers to textiles (either of natural orsynthetic fibers) as well as flexible plastic sheeting (e.g.polyethylene, vinyl) including fiber-reinforced plastic sheeting. Thefabric may be continuous or discontinuous (e.g. mesh or screen fabric).When discontinuous or mesh fabrics are employed, the openings in themesh should be smaller than the diameter of a finger of a child so thatthe child cannot reach through the fabric to gain access to thebaluster. Examples of fibers useful in the construction of the fabricinclude but are not limited to nylon, polyesters (e.g., polyethyleneterephthalate), elastomeric fabrics (e.g. spandex) and combinationsthereof.

Handrail Guard

To further minimize the ability of a child to climb the outside of thestairs by gaining a handhold on the handrail, the invention furtherprovides an apparatus comprising guard, fabric drape and a handrailguard. The handrail guard extends longitudinally along the handrail andis affixed at its lower extent to the balustrade and extends outward andupward to prevent access to the handrail from below. An illustration ofa handrail guard is provided in FIG. 14 of the drawings. FIG. 14provides a lower perspective exploded view of the handrail guard (150)positioned relative to the handrail (110) as viewed from the outside ofthe balusters (104) illustrating the use of threaded fasteners (260)that pass through the apertures in the handrail guard (151), through theopen spaces between the balusters (104) and through the apertures (220)in the spreader bar (201) to engage the nuts (205). When the fastenersare tightened, the fasteners (260) clamp the handrail guard (150) andspreader bar (201) together resulting in the handrail guard (150) beingheld securely in position on the balustrade. The handrail guard may befabricated from an elastomeric material such that it precludes access tothe handrail but if a child attempted to grab onto the handrail guarditself, the handrail guard would deform precluding its utility as ahandhold. It should be noted that when a handrail guard is used inconjunction with the vertical drape system, the lower portion of thehandrail guard provides a structure with plurality of fastener aperturesmay obviate the need for an second external spreader bar to secure theupper edge of the drape to the balustrade.

Materials

The guard, handrail guard and associated retention means may beconstructed of any of a variety of materials including but not limitedto metals, plastics, wood, compressed paper, glass, rigid foams,cardboard, and/or ceramics. Examples of metals useful in theconstruction guard include but are not limited to steel and steel alloys(e.g. stainless steel), aluminum and aluminum alloys, and magnesium andmagnesium alloys. Metals may be formed using conventional techniquessuch as stamping, casting, machining, forging (including powderforging), hydroforming, thermoforming, compression molding, or the like.The guard and associated retention means may be constructed of the samematerial or combinations of differing materials.

Examples of plastic materials useful in the construction of the presentinvention are well known in the art and the techniques involved in theforming of the materials into the guard are apparent to the skilledartisan. The term plastics includes but are not limited to polycarbonate(PC), polyethylene (PE), high density polyethylene (HDPE),polyetherimide (PEI), polysulfone (PSO), polyethersulfone (PES),polyethylene terepthalate (PET), polypropylene, polystyrene, high impactpolystyrene (HIPS), acrylanitrile butadiene styrene (ABS),polyvinylchloride (PVC), acetal, Nylons (e.g., Nylon 4-6, Nylone 6-6,Nylon 11, or Nylon 12), acrylic-styrene-acetonitrile (ASA), polyesterliquid crystal polymer (LCP), stylene acrylonitrile (SAN),polyvinyldiene difluoride (PVDF), melamine, phenolics and the like. Theguard may also be constructed of composite materials such as glass orcarbon fiber reinforced plastics. Such composite materials may be formedusing conventional contact molding technologies such as hand lay-up orspray lay-up technologies.

Typical procedures for forming the materials including compressionmolding, blow molding, casting, extrusion, pressure forming, and thelike. The techniques for forming such plastic materials into theconformations of the present invention are well known to those of skillin the art (see e.g. Olmsted and Davis (2001) Practical InjectionMolding, Marcel Dekker New York; Rosato and Rosato (1986) InjectionMolding Handbook; Van Nostrand Reinhold Company, New York). The elementsof the apparatus may also be produced by deposition forming(conventionally called “3D printing”) using conventional materials suchas plastic, metallic or metallic precursors.

The guard (and/or handrail guard) may further incorporate structuralfeatures to improve the rigidity of the guard (and/or handrail guard)and/or facilitate the attachment of other components. Such structuralfeatures enable the use of less material. Examples of such structuralfeatures include ribs or bosses. In one embodiment of the invention asillustrated in FIG. 7, the guard provides a longitudinal rib (320) toenhance rigidity.

Finishing:

In some instances, it may be desirable to provide a finish to thematerials to minimize corrosion from atmospheric or operator sources orto improve durability, handing characteristics or appearance. Thematerials may optionally be electroplated, powder-coated, painted,dip-coated to enhance appearance and/or durability.

In one embodiment of the invention, the exterior surface of the guard isprovided with an anti-friction coating to produce a low-frictionsurface. A low friction surface minimizes the ability of an individualto gain a foothold on the exterior surface of the guard itself.

The portions of the guard and attachment means that contact the stairwaymay be constructed of or provide additional cushioning materials tocontact surfaces to minimize damage to the stairway. The portions of theinternal surface of the guard in contact with the stairway as well ofthe contact surfaces of the attachment means (e.g. the portions of thespreader bar in contact with the balusters) may provide a non-slipsurface to avoid accidental dislodgement.

Alarm System:

The apparatus of the present invention may further comprise an alarmsystem that provides an audible signal when pressure is applied to theguard.

When activated in response to one or more conditions, the alarm systemmay provide one or more alerts to that notify a human being of one ormore hazardous conditions. Such hazardous conditions include but are notlimited to: (a) pressure on the guard; (b) lack of, or low, powerconditions of the power supply; and/or (c) lack of electricalcontinuity.

Alerts may be achieved by one or more of local alert generatorsincluding but not limited to: (a) an audible signal generator (e.g.bell, whistle, or siren) in electrical communication with the alertsystem and/or (b) a visual signal generator (e.g. flashing light) inelectrical communication with the alert system.

In one embodiment, there is a pressure sensitive switch positionedbetween the guard and the point at which it contacts the stairway, saidpressure sensitive switch being in electrical communication with a powersupply and an audible signal generator (e.g. a bell, siren, or whistle).

In one embodiment, one of the alerts provided in response to activationof the alarm system activates a local alert generator that produces anaudible signal sufficiently loud to induce distress in a child such thatthe child is deterred from climbing the outside of the stairway.Examples of such loud audible signals would generally be greater thanapproximately 80 db, alternatively greater than about 100 db, oralternatively greater than about 120 db.

In another embodiment, the alarm is actuated mechanically, for examplewhere pressure on the guard actuates a mechanism which produces anaudible signal (e.g. bell or whistle).

In one embodiment of the invention as illustrated in FIG. 7 of theattached drawings, the under surface of the guard (402) is provided witha tape switch (900). The tape switch is formed of conventional tapeswitch materials well known to those of skill in the art. In oneembodiment of the invention, the tape switch is constructed of a tapeswitch material that may be cut to shape (commercially available fromthe Tapeswitch Corporation, 100 Schmitt Boulevard, Farmingdale, N.Y.11735). The selection of the tape switch for use in the practice of thepresent invention will take into consideration the actuation force. Thetypical application of the system of the present invention is to providean alert when small children climb the external portion of the stairway.The primary target population is small children that conventionallyweigh less than about 40 kg. The contact surface area of a foot of achild is less than approximately 100 cm² (0.01 m²). Consequently, thetape switch is generally configured to have an actuation force of lessthan approximately 0.4 kg/cm², alternatively less than about 0.2 kg/cm²,alternatively less than about 0.1 kg/cm², or alternatively less thanabout 0.05 kg/cm².

Alternatively, or in addition to the local alert generators, the alarmsystem may provide a means to broadcast an electromagnetic signal (e.g.,transmitter) by the alarm system to one or more remote alert devices(e.g. remote receivers capable of producing an alert) including remotelytriggered audible signal generators, remotely triggered visual signalgenerators, cellular telephones or portable computing devices includingsmartphones, tablet or computers) that are in wireless communicationwith the system of the present invention. Examples of means for wirelesscommunication include but are not limited to radio transmitters,telephone communications or wireless communication modules forcommunication in accordance with protocols such as Wi-Fi™ 802.11a/b/g/n, Bluetooth®, or cellular data transfer protocols such as GSM®,3G®, 4G®, LTE® and similar protocols for the wireless transfer of data.For example, the iPhone® series of devices possesses the ability tocommunicate via cellular connection protocols, Wi-Fi® protocols, andBluetooth® protocols. In such instances, the alarm system willincorporate electrical components to facilitate such wirelessconnections such as a radio transmitter, Bluetooth® module, and/orWi-Fi® module.

The alarm system of the present invention further provides a means fordetection of a low power status of the power supply, conventionallyinvolving the actuation of the alarm system to provide an alert toindicate a low power status. Such systems are well known in the art andare conventionally employed in smoke detectors that provide an audible“chirp” alarm to alert the user to a low power status of the powersupply. In order to generate this audible chirp in response to a lack ofpower, the alarm system will conventionally be provided with anauxiliary internal power supply (e.g. a battery or batteries) sufficientto provide the alert for lack of power. In general, the actuation of thealert system is achieved when power drops below 40%, alternatively 30%,alternatively 20%, alternatively 10%, alternatively 5% or less of thefull charge of the power supply.

In addition to (or in place of) the audible power status alert systemdescribed above, the system may also provide a visual indication of thepower status comprising a meter, one or more lights (LEDs), or similardisplay that provides a visual indication of the power level of thepower supply.

The alarm system may be hardwired using conventional electricalcomponents to provide for a variety of alerts in response to systemconditions. Alternatively, the alarm system may include a logiccontroller programmed to produce one or more alerts in response to avariety of conditions.

Power Supply:

In the practice of the present invention, the pressure sensitive mat(s)is/are in electrical communication with a power supply and an alarmsystem. The pressure sensitive mat and alarm system are in electricalcommunication with a power supply. The power supply may be conventional(60 hz/110 A in the USA) AC wall current supplied by conventional wiringto the apparatus. In many instances, it will be desirable to provide alower power to the apparatus such as when using the pressure sensitivemats that may operate on a lower electrical power than conventional wallcurrent or wireless communication equipment. Additionally, the use oflower power may be a safety feature minimizing the possibility ofelectric shock to a child that steps on the pressure sensitive mat.Consequently, a transformer or power adapter may be used to provideappropriate current for the electrical components that are designed tofunction on lower power.

Alternative to the use of wall current as a power supply, the powersupply may be a portable power supply. A portable power supply expandsthe use of the apparatus of the present invention in those areas where awired power supply may not be practical (e.g. basements or outdoors).Such portable power supply may comprise one or more batteries. Thebattery may be non-rechargeable or rechargeable. Examples of batteriesuseful in the practice of the present invention include zinc-carbon,zinc-chloride, alkaline (e.g., zinc-manganese dioxide), lithium (e.g.,lithium-copper oxide, lithium-iron disulfide, lithium manganesedioxide), silver oxide, silver-zinc, nickel-cadmium (NiCd), nickel metalhydride (NiMH), nickel-zinc (NiZn), lithium ion batteries. The termbattery includes a single cell or a plurality of two or more cells. Whenone or more rechargeable batteries are employed as the power source, thedevice of the present invention may also be provided with a externalcharging system appropriate for the particular configuration andspecifications of the rechargeable battery employed and the platformproviding a plug system for reversible association of the externalcharging system with the platform containing the rechargeable batteries.

The apparatus may also incorporate or be provided with a solar collectorfor charging the battery source. For purposes of shipment and extendedshelf life, there may be an operator-removable physical barrierintroduced between the power source and the circuitry of the remainderof the transmission module to preserve the battery power source duringstorage and shipment and guard against parasitic drain of thebattery(ies).

Methods:

The invention further provides a method of deterring the externalclimbing of stairways comprising the step of affixing a guard thatrestricts external access to the OTEP region of a stairway. Theinvention further provides a method of deterring the external climbingof stairways comprising the step of affixing a guard and vertical drapeapparatus to the stairway, said apparatus restricting access to the OTEPregion of a stairway from the outside of the stairway and the balusters.The invention further provides a method of deterring the externalclimbing of stairways comprising the step of affixing a guard, verticaldrape and handrail guard to the balustrade of a stairway, said apparatusrestricts external access to the OTEP region of a stairway, thebalusters and the handrail.

It is known that pets, particularly cats, will climb structures andobjects in homes and reach heights from which a fall could cause injuryor death. To address this potential risk, the invention provides amethod for preventing pets from climbing to dangerous heights comprisingthe step of installing one or more guards of the present invention on astairway. Generally speaking, such method would not include the use of adrape or a handrail guard, as non-primates would be unlikely to employbalusters or handrails during climbing. Such method for preventing petsfrom climbing to dangerous heights might require more guards or longerguards than those used to deter children from climbing, as some petshave the ability to jump or otherwise climb to heights unreachable bychildren without assistance.

Kits:

The present invention further provides a kit of parts comprising atleast one guard, one or more retention means, fasteners and instructionsfor use. The present invention further provides a kit of partscomprising at least one guard, a vertical drape, associated retentionmeans, fasteners and instructions for use. The present invention furtherprovides a kit of parts comprising at least one guard, a vertical drape,a handrail guard, associated retention means, fasteners and instructionsfor use. Instructions may be provided in printed form, compact disc orfor retrieval over computer systems such as the Internet by providingwith the kit an access code or electronic “key”.

The present invention further provides a kit of parts comprising atleast one guard, a stairway gate, one or more retention means, fastenersand instructions for use. Stairway gates are well known in the art andare typically designed to prevent access to the walkline of thestairway. The present invention further provides a kit of partscomprising at least one least one guard, a stairway gate, one or moreretention means, a vertical drape, fasteners and instructions for use. Acombination of a stairway gate and the apparatus of the presentinvention provides enhanced stairway safety by deterring access to thestairway from both the inside and outside of the stairway. The presentinvention further provides a kit of parts comprising at least one guard,a vertical drape, a stairway gate, a handrail guard, associatedretention means, fasteners and instructions for use.

We claim:
 1. An apparatus adapted for use with a curved open stairway,said curved open stairway comprising a balustrade, said balustradehaving an inner surface and an outer surface, said balustrade furthercomprising a handrail, said curved open stairway further comprising onemore open end treads at least one of said open end treads having an opentread end protrusion (OTEP), said OTEP having an exposed upper surface,said apparatus comprising: a guard configured for mounting to saidcurved open stairway, said guard having an upper edge, a lower edge, aleading edge and a trailing edge, wherein said guard is capable of beingremoved from said open stairway and does not comprise a structuralelement of said curved open stairway, said guard being flexible along alongitudinal axis extending from said leading edge to said trailingedge, and a retention means, said retention means configured to maintainthe upper edge of said guard in stable association with said outersurface of said balustrade of said curved open stairway, wherein saidguard is maintained in stable association with said curved open stairwayby employment of said guard retention means and the upper edge of saidguard extends above the OTEP of least one tread and the lower edge ofsaid guard extends below the OTEP of least one tread and such that anexposed upper surface of at least one said OTEP is reduced.
 2. Theapparatus of claim 1 wherein said guard reduces the exposed uppersurfaces of the OTEPs of 2 or more treads.
 3. The apparatus of claim 1wherein said guard reduces the exposed upper surfaces of the OTEPs of atleast 3 treads.
 4. The apparatus of claim 1 wherein the guard retentionmeans includes one or more retention means selected from the groupconsisting of fasteners, adhesives, cable ties, elastic materials,Christmas tree fasteners, hook and loop fasteners, and spreader bars. 5.The apparatus of claim 1, wherein said guard retention means comprisesat least one spreader bar.
 6. The apparatus of claim 1 furthercomprising a vertical drape and a vertical drape retention means, saidvertical drape having an upper edge and a lower edge, wherein saidvertical drape is capable of being removed from said curved openstairway and does not comprise a structural element of said openstairway, said vertical drape retention means being configured tomaintain the upper edge of said vertical drape in stable associationwith the upper portion of said outer surface of said balustrade belowsaid handrail of said open stairway and the lower edge of said verticaldrape extending to a lower portion of said balustrade to at least thepoint of attachment of the upper edge of said guard to said balustradesuch that when said vertical drape is in stable association with saidbalustrade by vertical drape retention means a portion of the outersurface of said balustrade is covered by said vertical drape.
 7. Theapparatus of claim 6 wherein the vertical drape retention meanscomprises at least two spreader bars.
 8. The apparatus of claim 6further comprising an alarm system, said alarm system providing an alertin response to pressure being applied to said guard.
 9. The apparatus ofclaim 1 wherein said guard comprises one or more corrugations saidcorrugations extending from the upper edge of said guard to the loweredge of said guard.
 10. The apparatus of claim 1 wherein said guardcomprises a plurality of vertical sections of greater and lesserflexibility, said regions of lesser flexibility enabling curvature ofsaid guard along said longitudinal axis.
 11. A kit of parts comprisingat least one guard, said guard being adapted for mounting to a curvedopen stairway, said guard having an upper edge, a lower edge, a leadingedge and a trailing edge, wherein said guard is capable of being removedfrom said curved open stairway and does not comprise a structuralelement of said curved open stairway, said guard being flexible along alongitudinal axis extending from said leading edge to said trailingedge, said curved open stairway comprising one more open end treads atleast one of said open end treads having an open end tread protrusion(OTEP), said OTEP having an exposed upper surface, and wherein saidguard is capable of being removed from and does not comprise astructural element of said open stairway, a guard retention meansconfigured to maintain the upper edge of said guard in stableassociation with the balustrade of said open stairway and the lower edgeof said guard, when stably associated with said stairway employing saidguard retention means, extends below the OTEP of at least one tread ofat least one step of said open stairway, and instructions for use. 12.The kit of claim 11 further comprising a vertical drape and a verticaldrape retention means said vertical drape retention means configured tomaintaining said drape in stable association with said outer surface ofsaid balustrade of said open stairway.
 13. A method of deterring theexternal climbing of a curved open stairway, said open stairwaycomprising a balustrade, said balustrade having an inner surface and anouter surface, said balustrade further comprising a handrail, saidcurved open stairway having one more open end treads at least one ofsaid open end treads having an open tread end protrusion (OTEP), saidOTEP having an exposed surface, said method comprising the steps of:mounting to said curved open stairway an apparatus comprising a guardconfigured for mounting to said curved open stairway, said guard havingan upper edge, a lower edge, a leading edge and a trailing edge, whereinsaid guard is capable of being removed from said open stairway and doesnot comprise a structural element of said curved open stairway, saidguard being flexible along a longitudinal axis extending from saidleading edge to said trailing edge, and securing the upper edge of saidguard to the balustrade of said open stairway using a guard retentionmeans, said guard retention means configured to maintain the upper edgeof said guard in stable association with said balustrade of said curvedopen stairway, such that when said apparatus is mounted to said curvedopen stairway, said guard is maintained in stable association with saidcurved open stairway, the upper edge of said guard extends above theOTEP of least one tread and the lower edge of said guard extends belowthe OTEP of least one tread and such that exposed upper surface at leastone said OTEP is reduced such that external climbing said curved openstairway is deterred.
 14. The method of claim 13 wherein said methodfurther comprising the step of mounting to said curved open stairway avertical drape that is fitted to the outer surface of the balustrade ofsaid curved open stairway said vertical drape extending upward from theupper edge of said guard to a point below the handrail employing avertical drape retention means said vertical drape retention meansconfigured to maintain said drape in stable association with said curvedopen stairway such that when said vertical drape is in stableassociation with said balustrade by vertical drape retention means atleast a portion of the outer surface of said balustrade is covered bysaid vertical drape.